@jcbhttps://media.ca11.uscourts.gov/opinions/pub/files/202012720.pdf
It took a bit longer than I expected bu@t the court affirmed the judgment in Disney’s favor in the lead DAS lawsuit.
what are the options now?
@jcbhttps://media.ca11.uscourts.gov/opinions/pub/files/202012720.pdf
It took a bit longer than I expected bu@t the court affirmed the judgment in Disney’s favor in the lead DAS lawsuit.
Nothing very good. Getting the appeals court to overturn the lower court was itself a longshot. The odds are even worse now. The plaintiffs could ask for reconsideration or they could ask the Supreme Court to review the case. Both are minimum 1000 to 1 odds and this decision doesn't satisfy any of the criteria the Supreme Court has used to agree to review a case. Technically, the other cases which have not been tried are still active. But at this point, the families would have to present evidence a good bit more compelling than this family presented to get the judge to rule in their favor. I won't say it could never happen - I don't know the facts in the other cases - but given this decision, it is hard to believe any of the other lawsuit have a snowball's chance in a Florida summer of succeeding.@jcb
what are the options now?
Thanks for posting this Jack. In reading the opinion it sounds like the judge was pretty much hamstrung by the overwhelming evidence provided in the original case by Disney and the lack thereof by the plaintiff.https://media.ca11.uscourts.gov/opinions/pub/files/202012720.pdf
It took a bit longer than I expected but the court affirmed the judgment in Disney’s favor in the lead DAS lawsuit.
what should they presentyNothing very good. Getting the appeals court to overturn the lower court was itself a longshot. The odds are even worse now. The plaintiffs could ask for reconsideration or they could ask the Supreme Court to review the case. Both are minimum 1000 to 1 odds and this decision doesn't satisfy any of the criteria the Supreme Court has used to agree to review a case. Technically, the other cases which have not been tried are still active. But at this point, the families would have to present evidence a good bit more compelling than this family presented to get the judge to rule in their favor. I won't say it could never happen - I don't know the facts in the other cases - but given this decision, it is hard to believe any of the other lawsuit have a snowball's chance in a Florida summer of succeeding.
"In fact, A.E.P. testified that during their first visit, the family went on at least 42 rides over three half-days at the parks, which he conceded was a “good number” of rides." Wow. Guess DAS worked out OK for them. They sued over that????
No, they want front of the line access for any ride at any time. That is the only "accomodation" they will accept as "fair".It seems that the plaintiff in the Florida case wanted to be able to dictate the terms of their ADA accommodations rather than follow Disney rules.
itw a shuame dfkisney cou agree to have both GAC and DAS~As anticipated. This afternoon (10/19/2022), 21 stipulations of dismissal were filed in what I assume are all the remaining lawsuits by families who sought to challenge the adoption of DAS at WDW. I looked at one stipulation and it stated the dismissal was "with prejudice" meaning, for the most part, that the lawsuits / claims cannot be refiled. I'm comfortable assuming all 21 say that as well.
The families filed the initial complaint on April 3, 2014, to give you an idea how long it can take to resolve civil lawsuits. Eight and a half years is longer than most litigation but shorter than some others.
I remember writing the first of several articles on the lawsuit. I was in a hospital waiting on my father to finish a procedure that ultimately turned out to show he had pancreatic cancer. He survived it, miraculously for eight more years until after he turned 90. The litigation outlasted him. Pete later told me my article about the complaint was the most viewed article published on The DIS to that point, at least, that how I remember it.... After being up only 7 hours, it had over 9000 shares and more than 14,000 page views. I was almost viral.
This also illustrates that litigation very often ends with a whimper rather than with herald trumpets.
Next time we get together, remind me to show you the folder on my MacBook where I keep court filings from current and past Disney lawsuits..... I'll even copy the contents to a USB.Of course lawsuits against Disney seem to be never ending. https://blogmickey.com/2022/10/walt-disney-world-sued-over-disney-park-pass-reservation-system/
the parties have agreed that A.L. will not seek review of the of the Eleventh Circuit’s decision in the above-referenced matter (Appellate Case No. 20-12720) and will allow the mandate to issue according to the normal timeframe. After the Eleventh Circuit issues the mandate to this Court, Disney will withdraw its previously-filed proposed bill of costs (Doc. Nos. 347 & 348).